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LOPEZ v. SULLIVAN

No. 88-2495.

882 F.2d 1533 (1989)

Alonzo P. LOPEZ, Plaintiff/Appellant, v. Louis W. SULLIVAN, Secretary of Health & Human Services of the United States, Defendant/Appellee.

United States Court of Appeals, Tenth Circuit.

August 17, 1989.

Attorney(s) appearing for the Case

James A. Burke, Santa Fe, N.M., for plaintiff/appellant.

William L. Lutz, U.S. Atty. and Ronald F. Ross, Asst. U.S. Atty., Albuquerque, N.M., and Gayla Fuller, Chief Counsel, Region VI, John M. Gough, Principal Regional Counsel, Social Security Disability Litigation Branch, and Joseph B. Liken, Asst. Regional Counsel, Office of the Gen. Counsel, U.S. Dept. of Health & Human Services, Dallas, Tex., for defendant/appellee.

Before MOORE, ANDERSON, and BRORBY, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

Alonzo Lopez, recipient of disability benefits under Title II of the Social Security Act, appeals from a decision of the district court denying his motion for attorney's fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A) ("EAJA") and the Social Security Act, 42 U.S.C. § 406(b). We conclude that the district court made an incorrect legal ruling with respect to the effect on Lopez' situation of the Social...

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